Discoverr.AI Pty Ltd (ABN: 50 640 133 259) (Discoverr.AI) owns and operates this Website/App. Access to and use of this Website/App and services available through this Website/App (collectively, Services) is subject to the following terms, conditions and notices (Terms and Conditions). By entering this agreement, you acknowledge that Discover.AI Pty Ltd does not provide any delivery or transportation services. By using the Services, you are agreeing to all of the Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Condtions. If you do not agree to these Terms of Use, then you must not use this website or the Services.

 

1.  BRANG IS NOT A DELIVERY SERVICE

 a. By entering this agreement, you acknowledge that Discoverr.AI and the Brang website/app is not a delivery service and does not provide any transportation or delivery services. Discover.AI provides technological services that connects merchants to independent Delivery Partners.

 

 2.  SERVICES

 a.   Discoverr.AI will provide the following services to you:

 i.    The Brang website;

 ii.    The Brang mobile app;

 (the Services)

 

b.   The Services will enable you to:

 i.    Connect with our independent Delivery Partners;

 

3.  SCOPE OF THE SERVICES

 a.   As part of the services contained in clause 2(a) Discoverr.AI will:

 i.    Provide technology services via the Brang website/app;

 ii.    Provide complaint handling mechanisms;

 iii.   Provide refunding services;

 iv.   Connect you with independent Deliver Partners via the Brang website/app; and


 v.  Process your payments to your independent Delivery Partners.

 

 4.  MANAGEMENT OF THE BRANG WEBSITE/APP

a.   You acknowledge that our Delivery Partners are fully independent business and Brang does not control their availabilities.

b.   Discoverr.AI reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Website/App. Your continued use of the Website/App following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.

c.   Access to this Website/App is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website/App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website/App.

d.  This Website/App may contain links to other websites (Linked Sites), which are not operated by Discoverr.AI. Discoverr.AI has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms and Conditions and service contained within each such site.

 

5. CONFIDENTIAL INFORMATION

a. You acknowledge that all material provided to you by Discoverr.AI is confidential information owned by Discoverr.AI and you must not disclose it to any third party.

b. The information referred to in clause 5(a) does not include information that is already in the public domain.

 

6.  YOUR OBLIGATIONS

 a.   You must comply with all Discoverr.AI policies and varied from time to time.

 b.   You must comply with all applicable laws and regulations.

 c.   You must inform Discover.AI of any relevant changes including:

 i.    Changes to your location;

 7.  DELIVERY

 a.   When using the Brang website/app:

i. Your Delivery Partner is engaged by you, as your agent using our platform to deliver your purchased Goods to you.


 ii.  Your Delivery Partner will at all times be under your control;

 iii. You, maintain title to all goods until the good is delivered by your Delivery Partner.

 

8.  GOODS

 a.   You must ensure all Goods comply with any applicable laws.

 b.   You must ensure that all Goods comply with all Discoverr.AI policies.

c. You must ensure to notify us straight away in case of any loss or damage to goods received.  After a reasonable investigation if found out that the loss or damage is the fault of your delivery partner, Discoverr.AI will cover upto AUD 300 for the loss or damage. You must do all things reasonably necessary to assist in the investigation.

 

 9.  FEES

a.  You must pay the applicable Delivery Fee, which is calculated based on the distance, type of vehicle and delivery times.


b.  The total applicable fees are available to you prior to making the delivery booking.


c. The Delivery Fee will be collected by Discoverr.AI and be remitted to your Delivery Partner, after Discoverr.AI takes a portion of the fee for allowing you to use it’s technological Services (the Brang Fee).


d.  If there is any error in the processing of the fees contained in this clause then:

i. You acknowledge that Discoverr.AI has the right to reimbursement from you.

 

10.  PAYMENT GATEWAY

 a.  We use the payment platform called “Stripe” for all payment transactions on our website and app. Their terms and conditions can be found at https://stripe.com/au/ssa.

 

 11.  TAX & GST

a.   You must pay all applicable taxes;

b.  The following applies to the Technology Service Fee and all other amount payable to Discover.AI under this agreement:

i. For the purposes of GST supplies to you the Services in sole consideration of the Technology Service Fee


ii.   All amounts payable are exclusive of GST;

iii. If GST is payable on a supply by Discoverr.AI you agree to pay that GST as an additional payment to Discoverr.AI.

 

12.  INTELLECTUAL PROPERTY

a.  Discoverr.AI at all times retains ownership of all the intellectual property rights related to the Brang Website/app.


b.  Any use of the Discoverr.AI Intellectual Property is subject to this agreement.


c. You must not sell, copy, distribute, charge, license or lease any of the Discoverr.AI Intellectual Property;


d. You must not reverse engineer or attempt to reverse engineer any of the Discoverr.AI Intellectual Property;


e. You must not extract or attempt to extract the source code of any of the Discoverr.AI Intellectual Property.

 

13.  LICENCE

 a.  Subject to compliance with this agreement, Discoverr.AI grants you a non-exclusive licence to use the Brang website/app for the Term of this agreement (the License);


 b.   The License is not:

 i.    Exclusive;

 ii.    Transferable;

 iii.   Assignable

 

14.  CONFIDENTIALITY

a.  You must not disclose Discoverr.AI’s Confidential Information to any third party except as necessary to perform this agreement.


b.  Discoverr.AI must not disclose your Confidential Information to any third party except as necessary to perform this agreement.


c. Upon request a party must deliver up or destroy another parties Confidential Information that is in its possession.


d.  If a party to this agreement discloses Confidential Information to a third party it must ensure that third party treats that information as confidential.


e.  Despite anything to the contrary contained in this agreement a party to this agreement may disclose Confidential information if:

i.    Authorised to do so by the party whose Confidential Information is to be disclosed;

ii.    It is required by law

 

15.  PRIVACY

a.   Discoverr.AI’s Privacy Policy is available at www.brang.com.au/privacy

b.  Parties to this agreement must comply with all applicable Privacy and Data Protection Laws


c.   Any Personal Information collected by you must:

 i.    Be used only for the purposes of carrying out this agreement;

 ii.    Be maintained accurately;

 iii.   Must not be copied or removed from the Brang website/app;

d.  You must immediately inform Discover.AI if you suspect or become aware of any unauthorised access by a third party to any Personal Information held be you.


e.  You agree that Discoverr.AI may use information it collects related to your transactions on the Brang website/app for the purposes of providing, enhancing, marketing and management of the Brang website/app.


 f.  Any user identification code, password or any other piece of information that form part of Discoverr.AI’s security procedures you must treat as Confidential Information and you must not disclose it to any third party. We reserve the right to disable any user identification code or password at any time. If you become aware or suspect that anyone other than you knows your user identification code or password, you must immediately notify us at support@Brang.com.au.

 

16.  WARRANTIES

              a.   Each party warrants that:

i.   It has authority to enter into and perform its obligations and under this Agreement;


ii.    Will comply with all applicable Laws;

b.  Except as required under the Australian Consumer Law, each party makes no representations and disclaims all warranties, express or implied, regarding its goods or services or any portion of them including any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. This section does not limit liability or alter your rights that cannot be excluded under the Australian Consumer Law.

 

 17.  INDEMNITY

 a.  Each party (the Indemnifying Party) must indemnify, defend) and hold harmless the other party (the Indemnified Party) and their employees, agents, directors and officers from any claims, damages, losses and expenses (including legal costs) with respect to any third-party claim arising from or related to:

 

i. The wilful misconduct or negligence or of the Indemnifying Party or its employees or agents;

ii. Claims that the Indemnifying Party breached any of its representations and warranties contained in this Agreement;

iii. Claims that the Indemnifying Party has infringed a third parties intellectual property rights;

iv.  Failure to comply with applicable law including privacy and data protection law by the Indemnifying Party.

 

18.  LIMITATION OF LIABILITY

a.  A party to this agreement will not be liable for any claim for any indirect, exemplary, or consequential damages, for loss of profits, or damages for loss of business or any third-party damages arising out of this Agreement.


b. A party’s total cumulative liability of any kind under this Agreement will not exceed AU$100,000.


c.  Clause 18(a) and 18(b) above do not apply to a breach of confidentiality or a party's indemnification obligations.


d. Clause 18(a) and 18(b) above do not (and are not intended to) override any rights that a party may under any applicable law, including the Australian Consumer Law.

 

19.  TERMINATION

a.  A party to this agreement may terminate this agreement by providing notice via:

 i.    Email

 

20.  VARIATION

 a.   Discoverr.AI may vary this agreement for time to time by;

i.   Providing 7 days’ notice.

ii. If the new carried terms and condition are detrimental to your rights   under this agreement providing 30 days’ notice.

iii.  Publishing the varied terms and condition on the Brang website/app


iv.   By continuing to use the Brang website/app after the new varied agreement becomes effective you agree to be bound by the new varied terms and conditions.

 

21.   GOVERNING LAW

a.  This agreement is governed by the laws of Victoria the parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.


b.   The Vienna Convention on the International Sale of Goods of 1980 does not apply.

 

22.  RELATIONSHIP BETWEEN THE PARTIES

a.   Nothing in this Agreement creates:

i.    A joint venture;

ii.   An agency relationship (apart from the agency relationship specified in clause 8);


 iii.    An employment relationship.

         Nothing in this agreement allows a party to enter into contracts, create legally binding                            relationships, incur debt or liability or incur expenses on behalf of the other party to this agreement.

 

23.  GENERAL

a.  Each party to this agreement bears sole responsible for its employees and contractors.


b.  No failure to exercise, and no delay in exercising, any right, power or remedy under this agreement will operate as a waiver. No single or partial exercise of any right, power, or remedy will preclude any other, or further, exercise of that, or any other, right, power or remedy.


 c.  Any determination that a provision of this Agreement is invalid or unenforceable does not affect the remainder of this Agreement and the remainder will continue to have full force and effect.


 d. This Agreement contains the entire agreement between the parties with respect to its subject matter. It sets out the only conduct relied on by the parties and supersedes all earlier representations and conduct made by, or existing between, the parties with respect to its subject matter.


 e. This Agreement may be executed in multiple counterparts, each of which will have the effect of an original. This Agreement may be entered into by:


i.    Electronic signature;

 ii.   Accepting the agreement using the Brand website/app.

              f.     Nothing in this agreement should be taken to limit or exclude any rights you have under any                 applicable law that cannot be lawfully limited or excluded.

 

24. DEFINTIONS

 In this Agreement:

 Associate means an entity that directly or indirectly:

(a)  Controls a party;

(b)  Is under the Control of a party; or

(c)  Is under the common Control of a party.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Confidential Information means any confidential, proprietary or other non-public information.

Commencement Date means the date set at which you start using the Services.

Delivery Partner means independent contractors engaged by you as your agent for the purpose of delivering Goods.

Delivery Fee means the fee paid by you to your Delivery Partner agent.

Discoverr.AI Intellectual Property means all Intellectual Property owned by Discoverr.AI including the Brang website/app

Goods means any goods that you request your Delivery Partner to Deliver.

GST means the same as "GST" means in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property Rights means all intellectual and industrial property rights (including underlying rights in any media now in existence or developed in the future) including, without limitation, rights in the nature of any patent, trade mark or service mark, copyright, visual image right, performance right, design, business name or trade secret or confidential information whether or not registered or registrable.

Personal Information means any information gathered in relation to this Agreement that:

(a)  Relates to an identified or identifiable natural person;

(b)  Can reasonably be used to identify an individual;

(c)  Includes name, contact information, location information,

(d) May o be considered "personal data" or "personal information" under the applicable Privacy and Data Protections Law

 

Privacy and Data Protection Laws means all applicable law imposing an obligation in relation to the collection, use, disclosure, storage or transmission of personal information including the Privacy Act 1988 (Cth).

Services mean the services set out in clause 4.

Brang Fee means the fee payable for the use of the Brang website/app.

Term means the term of this Agreement.


25.   INTERPRETATION

 (a) The following rules of interpretation apply unless the context requires otherwise:

 

(i)       Headings are for convenience only and do not affect interpretation;

(ii)      The singular includes the plural and conversely;

(iii)     Gender includes all genders;

(iv)    Where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

 (v)      A reference to a person includes any body corporate, unincorporated body or other entity and conversely;

 (vi)    A reference to a clause is to a clause of this agreement;

(vii)   A reference to any party to this agreement or any other agreement or document includes the party’s successors and permitted assigns;

(viii) A reference to any agreement or document is to that agreement or document as amended, notated, supplemented, varied or replaced from time to time, where applicable, in accordance with this agreement or that other agreement or document;

 (ix)    A reference to any legislation or to any provision of any legislation includes any modification or re-enactment of it, any legislative provision substituted for it and all regulations and statutory instruments issued under it;

 (x)      A reference to dollars or $ is to Australian currency; and

 (xi)  A reference to conduct includes, without limitation, any omissions, statements or undertakings, whether or not in writing.

 



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